Law Offices of Tedone and Morton, P.C.

Joliet Office

815-666-1285

Plainfield Office

815-733-5350

Joliet criminal defense lawyersWhen violence, threats, and/or physical altercations occur during an argument between family members or intimate partners, there is a risk of domestic violence charges for at least one of the involved parties. Those that have never been in such a situation might not understand what this truly means for their current situation, or their future. The following information can help you better understand the potential consequences of a domestic violence charge, and how you can fight back against them.

What Constitutes Domestic Violence in Illinois?

Domestic violence is any intentional act that causes bodily harm to a family or household member, or physical contact that is insulting or provoking in nature (i.e. pinching, pulling on clothing, threatening with a firearm, etc.). What this means is that you can be charged with domestic violence, even if you did not cause any physical harm. The victim only needed to believe they were at risk for bodily injury. It should also be noted that “family members” include a wide range of persons, including:

  • Biological children,
  • Stepchildren,
  • Spouses and/or former spouses,
  • Parents,
  • Stepparents,
  • Current or former roommate and/or intimate partner,
  • A disabled or elderly individual for whom you provide care,
  • Grandchildren,
  • Aunts and/or uncles,
  • Cousins, and
  • Individuals with whom you have a child.

Domestic Battery versus Aggravated Domestic Battery

The law separates domestic violence charges into one of two categories: domestic battery and aggravated domestic battery. Physical harm or unwanted, provoking, or insulting physical contact are classified as domestic battery. Aggravated battery typically involves violent acts that result in great bodily harm, disability, or disfigurement.

Domestic battery is typically charged as a Class A misdemeanor, which can include consequences of up to a year in jail, probation, fines, and/or counseling. Yet the charge can be classified as a Class 4 felony if there is a previous conviction, or if the defendant has allegedly committed battery with a firearm, battery that involved a minor child, or battery that included sexual assault. In these situations, the consequence can be elevated to up to three years of imprisonment.

Aggravated domestic battery is considered a Class 2 felony and is punishable by up to seven years of imprisonment. In some situations, the defendant may be able to request probation. However, those that have a history of domestic violence do not have this option. Further, there are certain situations in which the consequences could be increased to 14 years of imprisonment.

Fighting Back Against the Charges

If you or someone you love is facing charges for domestic violence, contact the Law Offices of Tedone and Morton, P.C. for assistance. Our Joliet criminal defense attorneys will fight to help you avoid conviction and the resulting consequences. No matter what the situation, we will aggressively pursue the most favorable outcome possible. Schedule your consultation by calling 815-666-1285 today.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.2

Illinois domestic battery charges defense attorneyConsidered a serious crime in the state of Illinois, domestic battery can lead to severe and long-lasting penalties for the accused. In fact, a single accusation can completely turn your life upside down, potentially putting your livelihood, reputation, and even your family at risk. If you are facing a domestic violence charge in Illinois, learn what the potential consequences could be, and how you can best protect yourself from the possible consequences of a conviction.

What Constitutes Domestic Battery in Illinois

Defined as intentionally causing physical harm to a family member, intimate partner, or former family member/intimate partner, domestic battery charges can arise out of either actual physical violence, or verbal threats and provocative body language that causes the victim to believe they are at an immediate risk for harm. Examples of actions that can be considered domestic battery may include (but is not limited to):

  • Hitting, kicking, slapping, or shoving;
  • Grabbing, yanking, or hair-pulling;
  • Biting, scratching, or pinching;
  • Choking, strangling, or physically restraining;
  • Threatening to hit and then rearing your arm back;
  • Throwing something that hits the victim (even if accidentally); and
  • Pointing a firearm (or something that looks like a firearm) and threatening to use it.

Potential Consequences of Conviction

Depending on the circumstances of the case, domestic battery can be charged as either a Class A misdemeanor or as an aggravated domestic battery charge, which is a Class 2 felony. The former is punishable by up to one year in jail. Conviction of the latter can result in a sentence of up to seven years in prison. Both may also restrict your contact with the victim, which can cause emotional distress for any children you may have. Further, you walk away with a domestic battery charge on your criminal record. Even at the misdemeanor level, the presence of this charge can be detrimental to your livelihood, reputation, and future employment/housing opportunities.

Vindictiveness a Common Issue in Domestic Battery Cases

Because victims are not burdened with the proof of physical injuries – only with “proving” that they feared they were at immediate risk for harm – vindictiveness is exceedingly common in domestic battery cases. It could be that the victim and accused are going through a divorce and the “victim” wants to ban the accused from visitation with their children. Alternatively, an emotionally abusive partner may press domestic battery charges to “prove a point.” Whatever the situation, it is important that defendants do not attempt to fight the charges alone – even if they are innocent.

Never Fight Domestic Battery Charges Alone

It might seem easy to prove your innocence, but the increasing awareness of domestic violence means that judges are starting to err more on the side of caution. They often taking the word of alleged victims at face value to avoid making a critical and dangerous mistake. So, even if you are innocent – even if you were not in the location of the alleged attack at the time it supposedly occurred – you need help from a quality defense attorney to ensure you are not wrongfully convicted.

At the Law Offices of Tedone and Morton, P.C., we know that domestic battery cases are not always what they seem. Dedicated to your best interests, we will aggressively protect your rights and fight for the most positive outcome possible for your situation. Schedule your consultation with our experienced Joliet criminal defense lawyers today to learn more. Call us at 815-666-1285.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.2

  • Badges and Associations
  • Badges and Associations
  • Badges and Associations
Back to Top